Florida Senate - 2012                              CS for SB 498
       
       
       
       By the Committee on Criminal Justice; and Senator Lynn
       
       
       
       
       591-01567-12                                           2012498c1
    1                        A bill to be entitled                      
    2         An act relating to substance abuse education and
    3         intervention programs; amending s. 948.15, F.S.;
    4         providing that probation supervision services for
    5         defendants found guilty of certain misdemeanor
    6         controlled substance offenses may be provided by
    7         licensed substance abuse education and intervention
    8         programs; authorizing certain entities providing
    9         probation services to provide licensed substance abuse
   10         education and intervention programs; requiring private
   11         entities providing such programs to contract with the
   12         county and comply with other applicable provisions;
   13         providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 948.15, Florida Statutes, is amended to
   18  read:
   19         948.15 Misdemeanor probation services.—
   20         (1) A defendant Defendants found guilty of a misdemeanor
   21  misdemeanors who is are placed on probation shall be under
   22  supervision not to exceed 6 months unless otherwise specified by
   23  the court. Probation supervision services for a defendant found
   24  guilty of a misdemeanor for possession of a controlled substance
   25  or drug paraphernalia under chapter 893 may be provided by a
   26  licensed substance abuse education and intervention program,
   27  which shall provide substance abuse education and intervention
   28  as well as any other terms and conditions of probation. In
   29  relation to any offense other than a felony in which the use of
   30  alcohol is a significant factor, the period of probation may be
   31  up to 1 year.
   32         (2) A private entity or public entity, including a licensed
   33  substance abuse education and intervention program, under the
   34  supervision of the board of county commissioners or the court
   35  may provide probation services and licensed substance abuse
   36  education and treatment intervention programs for offenders
   37  sentenced by the county court.
   38         (3) Any private entity, including a licensed substance
   39  abuse education and intervention program, providing services for
   40  the supervision of misdemeanor probationers must contract with
   41  the county in which the services are to be rendered. In a county
   42  having with a population of fewer less than 70,000, the county
   43  court judge, or the administrative judge of the county court in
   44  a county that has more than one county court judge, must approve
   45  the contract. Terms of the contract must state, but are not
   46  limited to:
   47         (a) The extent of the services to be rendered by the entity
   48  providing supervision or rehabilitation.
   49         (b) Staff qualifications and criminal record checks of
   50  staff in accordance with essential standards established by the
   51  American Correctional Association as of January 1, 1991.
   52         (c) Staffing levels.
   53         (d) The number of face-to-face contacts with the offender.
   54         (e) Procedures for handling the collection of all offender
   55  fees and restitution.
   56         (f) Procedures for handling indigent offenders which ensure
   57  placement irrespective of ability to pay.
   58         (g) Circumstances under which revocation of an offender’s
   59  probation may be recommended.
   60         (h) Reporting and recordkeeping requirements.
   61         (i) Default and contract termination procedures.
   62         (j) Procedures that aid offenders with job assistance.
   63         (k) Procedures for accessing criminal history records of
   64  probationers.
   65  
   66  In addition, the entity shall supply the chief judge’s office
   67  with a quarterly report summarizing the number of offenders
   68  supervised by the private entity, payment of the required
   69  contribution under supervision or rehabilitation, and the number
   70  of offenders for whom supervision or rehabilitation will be
   71  terminated. All records of the entity must be open to inspection
   72  upon the request of the county, the court, the Auditor General,
   73  the Office of Program Policy Analysis and Government
   74  Accountability, or agents thereof.
   75         (4) A private entity that provides court-ordered services
   76  to offenders and that charges a fee for such services must
   77  register with the board of county commissioners in the county in
   78  which the services are offered. The entity shall provide the
   79  following information for each program it operates:
   80         (a) The length of time the program has been operating in
   81  the county.
   82         (b) A list of the staff and a summary of their
   83  qualifications.
   84         (c) A summary of the types of services that are offered
   85  under the program.
   86         (d) The fees the entity charges for court-ordered services
   87  and its procedures, if any, for handling indigent offenders.
   88         (5) The private entity, including a licensed substance
   89  abuse education and intervention program, providing misdemeanor
   90  supervision services must shall also comply with all other
   91  applicable provisions of law.
   92         Section 2. This act shall take effect July 1, 2012.